Violent Crimes Lawyer Barstow, CA. Fighting violent crimes charges is critical to your future. They risk destroying your reputation, hurting your career, and perhaps worst of all, a lengthy prison sentence. But accusations are not the same as convictions. And when you call the Law Offices of David S. Chesley, Inc., you have someone protecting you from these devestating consequences. We will fight to protect you from violent crime accusations in each of the below categories (and more):

Our experienced Barstow, CA, violent crimes defense lawyers will look into your case, give you upfront, straightforward answers, and look for defensive strategies that can be used for your circumstances. You deserve a defense tailored to you, and we can provide that. If you're ready to build your defense, call (800) 755-5174 or tell us about your case online today for a no-obligation, private consultation to discuss your case.

The Law Offices of David S. Chesley's Process to Defend You Against Violent Crimes Allegations

Our team of Barstow, CA, criminal defense lawyers know that every violent crime case is unique, and we give each of our clients' cases a tailored defense. This is how we do it:

  • Learn Your Story – Every case starts with our client. You can be honest with us about everything, and we'll start with your perspective.
  • Research the Law and Your Case – We'll research the charges and Barstow, CA, violent crime law specifics, to ensure that we're well prepared to build a strong defensive strategy.
  • Craft a Defense Strategy – Our team will recommend a defensive strategy such as defense of others, lack of intent, or procedural error.
  • Negotiatiate With the State – We won't back down in negotiations; we'll fight to secure a plea deal that protects your interests.
  • Fight At Trial – If your case reaches trial, we'll stick with you from start to finish, fighting for a positive outcome.

Understanding Violent Crimes in California: Felony vs. Misdemeanor Charges

Violent crimes in California encompass a wide range of offenses, from simple assault to more severe acts like armed robbery or kidnapping. The Barstow, CA, prosecution, often led by the District Attorney, needs to prove factors like intent and harm beyond a reasonable doubt. After an arrest, you face an arraignment hearing, where you are told about the specific charges you're facing. Felony charges carry harsher penalties, including state prison time, while misdemeanors might result in county jail, probation, or fines. When arguing these cases, medical records, witness testimony, and digital evidence are often central to the argument.

For instance, assault and battery are two separate offenses in Califoria, with different definitions: Assault (Penal Code 240) involves an attempt or threat to harm, while battery (Penal Code 242) goes a step further, with one person successfully, intentionally harming another. Both can be misdemeanors or felonies, depending on severity. If you're asking, "Will I go to jail for a first-time violent offense?"—it depends. First-time offenders facing misdemeanor charges are more likely to avoid prison, but aggravating factors like a weapon could mean jail time. Our team of violent crimes lawyers uses a varitey of defense strategies depending on the circumstances, including self-defense, claiming rights violation, and showing alibis.

🏠 Know Your Rights: Can you pull a gun on an intruder in California?Video: Law Offices of David ChesleyWatch on YouTube
Think twice before you brawlVideo: Law Offices of David ChesleyWatch on YouTube

Major Barstow, CA, Violent Crime Charges We Defend

Assault, Threats, and Interpersonal Harm Defense Lawyers

Assault is perhaps the most prototypical violent crime charge people thing of. What's interesting about it is that no harm has to actually be done. To be guilty of assault, one has to attempt "a violent injury on someone else." Most people don't know that to be charged with assault, there only has to be an attempt at causing harm, regardless of whether or not you actually cause harm.

While simple assault charges are harsh in and of themselves, you could also potentially face a severe variation on the charges. Aggravated assault is just that: assault with intent to cause serious bodily injury. Closely related is assault with a deadly weapon: Attempts to harm while using a non-firearm weapon. These variations aren't official charges, but rather subcategories for more serious assault charges

As discussed above, assault only requires an attempt to cause harm. Battery is similar to assault because both involve attempted harm. However, in battery's case, the harm was successful, rather than simply being attempted. You'll find that in many cases, if you're accused of battery in Barstow, CA, you'll also be accused of assault. Meanwhile, criminal threats charges can occur completely over the phone, text, or verbally in person. They don't have to involve literal violence at all. You don't even have to be willing to follow through; "I didn't mean it" isn't a valid defense for these charges.

Reckless endangerment charges are another set of charges that are typical in Barstow, CA. This can include reckless driving, child endangerment, and other charges along those lines. Because of the difference in each of the laws, you need to hire a violent crimes lawyer who knows not only how to defend against individual charges, but also the combinations of them.

If you're facing other violent crimes charges, we can help: Here are some other interpersonal harm charges we defend in Barstow, CA,:

  • False Imprisonment: This occurs when one person confines another to a space against their will, and could be as simple as you allegedly blocking a doorway.
  • Kidnapping: Whereas false imprisonment confines a person to one location, kidnapping involves moving that person to a new location.
  • Human Trafficking: Human Trafficking is similar to kidnapping or false imprisonment, but is done for particular, extra bad purposes such as forced labor or sex.
  • Stalking: California stalking law requires more than just following another person who doesn't like it – it also requires that the accused make a credible threat.
  • Terrorist Threats: Sometimes, criminal threats charges might be referred to as terrorist threats, if they are especially bad – you can expect there to be links to hate crimes in these cases.
  • Torture: Torture goes beyond battery and includes serious injuries, done to make the alleged victim suffer.
  • Mayhem: Mayhem is like a more advanced version of battery, though in this case, a permanent disfigurement or disability must have been caused.
  • Arson: Arson involves the intentional and unlawful burning of property, as opposed to reckless burning, which is an unintentional version of the same things.
  • Rioting: Rioting involves multiple people acting together to cause and/or threaten violence while disturbing the peace.

Firearm Mishandling Defense Lawyers

While most people do still have the right to own a firearm in Barstow, CA, it comes with many constraints. California firearm offenses vary widely in nature and scope, sometimes even just being the result of unlawful possession.

Often, unlawful possession charges are related to a felon in possession of a firearm, but you could also face them for possessing a concealed firearm when you don't have a permit or a felon possessing ammunition.

While all Barstow, CA, firearm charges are important to take seriously, one thing that can make a big difference is how you supposedly used the gun. Brandishing a weapon normally does not include use of the weapon beyond showing it with the intent to scare another person. Most of the time this is charged as a misdemeanor.

On the other hand, discharging a firearm will frequently get you harsher sentences. Especially for allegations such as a drive-by shooting or shooting at an inhabited dwelling, you can be looking at years in prison and/or thousands of dollars in fines.

An expert Barstow, CA, violent crimes defense attorney can not only protect you from a prison sentence and hefty fine, but also from further restrictions on your Second Amendment rights.

Family and Animal Abuse Defense Lawyers

No matter what kind of violent crime charge you're facing, it's tough to see a way out. But if family is involved, they get even scarier. Domestic violence goes beyond battery on your spouse; it includes any actual harm caused, threats of harm, and even just causing a situation where someone is afraid they'll be hurt. Domestic violence charges are about more than just the alleged harm or danger, though — they're about who it supposedly was committed against. To qualify, the alleged victim must have held some kind of close relationship with the alleged offender, for example, romantic partners or parents who share a child.

Crimes against children also have their own specific legal categories. Child abuse is reserved for deliberate acts of violence against children (like hitting them), meanwhile child endangerment could be any action that endangers a child, regardless of whether you meant to or not. These charges can be filed together, expanding their seriousness.

Our expert violent crimes defense lawyers aren't limited to just conflicts between family members who live together. We also defend against animal cruelty charges, elder abuse charges, and, should your child be the accused, juvenile crime charges.

Sentencing Enhancement Defense Lawyers

The majority of Barstow, CA, violent crime cases are rooted in some alleged act of violence. But you could also face heightened charges and/or sentencing enhancement should your case fall into certain categories.

In many cases, the punishments can be heightened via gang enhancements. If a different crime was committed as a part of gang activities, anywhere from 4 years to life can be added onto the sentence, depending on the alleged crime. Conspiracy charges are another group-related charge. You can be found guilty of conspiracy if you agree with someone else to commit a crime, and either one of you does something that furthers the commission of the crime.

You could also see increased penalties if you're being charged with a hate crime. Sometimes, a hate crime accusation is its own charge. However, they are frequently used as enhancements to other crimes. The prosecutor in Barstow, CA may charge another crime as a hate crime if the alleged offender was motivated by hatred towards a demographic that the alleged victim belonged to.

Furthermore, our Barstow, CA, violent crimes attorneys can help guard you against California's three strikes law. For alleged repeat offenders, this law can become a tremendous hurdle. Previous felony convictions may count as "strikes" against you. With one prior strike, sentences for felony convictions are doubled, and you won't be eligible for parole until you've served 80% of the sentence. When convicted and given a third strike, the sentence could be increased to 25-years-to-life in prison, with further contstraints on parole.

Procedural and Governance Charges Defense Lawyers

Barstow, CA, violent crime charges can be particularly damaging if they were allegedly committed against law enforcement. Assault on a police officer is more heavily penalized than assault against other civilians, while resisting arrest can range from physical attacks to simply being uncooperative. Obstructing a police officer is a closely related category of charges, though this aren't contingent on you being arrested, and apply more broadly to anything you do to prevent a police officer from doing they job.

In most cases, if you're accused of a violent crime in Barstow, CA, you'll be in municipal court against a local prosecuting attorney. But when the state views a case as extra severe, a federal prosecutor may fight against you. Federal court can be a whole different arena, and you need a law firm with the strength to fight for your rights against the United States government. The Law Offices of David S. Chesley, Inc., is prepared to defend you against federal crimes in addition to state charges.

Additional Miscellaneous Violent Crime Defense Services We Offer

Robbery and Violent Crimes Intersections: Armed Robbery, Carjacking, and Burglary

A robbery defense attorney is essential for charges like robbery or home invasion. These can carry penalties up to 9 years or 20 years, respectively. The use of a weapon is often an enhancing factor for sentencing..

Without a leading violent robbery defense lawyer, you could be facing serious felony charges without a path out. At the Law Offices of David S. Chesley, we will fight to get your charges reduced and case dismissed. If you're on parole or have prior convictions, you could face harsher penalties. Particularly for violent robberys, you're more likely to be given a restraining order against he alleged victim.

Neighbor disputes can quickly escalate...Video: Law Offices of David ChesleyWatch on YouTube
Navigating a domestic violence case?Video: Law Offices of David ChesleyWatch on YouTube

Top 3 Violent Crimes Defense Lawyer Qualities

Violent crimes charges need high-quality defense lawyers. When you're picking an attorney to defend your rights in Barstow, CA, 'good enough' isn't good enough. You want a legal team with the below 3 qualities:

  1. A History of Success: You want a lawyer who knows how to fight your specific charge. Our team is know for our successful violent crime defense results.
  2. Relationships in Your Area's Court: Our team of attorneys cover cases across the state, including in Barstow, CA. We are familiar with local prosecutors and judges, and will lean on them to secure a favorable outcome.

When fighting your violent crimes case, you don't want to gamble on an attorney who's unprepared or doesn't meet these criteria. And with the Law Offices of David S. Chesley, Inc., you'll get someone with all those properties.

Three Strikes Law Defense in Barstow, CA

California's Three Strikes Law (Penal Code 667) can turn a seemingly straightforward case in Barstow, CA, into something much more serious. The three strikes law assigns a "strike" to each alleged offender for serious or violent felony convictions. After the third, it requires the judge to sentence the alleged offender anywhere from 25 years to life. Because of this, it's even more critical for you to work with an expert violent crimes defense lawyer if you have any prior convictions on your record.

You need a law office with extensive resources to fight against Three Strikes cases. And the Law Offices of David S. Chesley has those resources. Key strike eligible offenses include armed robbery, assault with a deadly weapon, and kidnapping. On your second strike, sentences are doubled, and on your third, you can be facing a life sentence.

Barstow, CA, Three Strikes Law Defense Strategies:

  • Romero Motions: We file Romero motions to strike priors if they're old, minor, or unjust. Success rates are high with compelling arguments, like rehabilitation or procedural errors in old cases.
  • Resentencing Petitions: After Proposition 36 was passed in 2012, thousands of people have been resentenced. This has the potential to reduce charges from a life sentence down to time served, if the third strike was non-violent.
  • Avoiding New Strikes: If your case is ongoing, we will argue for charges to be reduced down to misdemeanors when possible, avoiding a strike. Showing lack of intent is key in thse cases.
  • Constitutional Challenges: If the sentence is wildly out of proportion for the alleged crime, we can argue that it is cruel and unusual. This would make it unconstitutional for the court to give such a sentence to you. False accusations in priors can be exposed via new evidence.
  • Impact on Parole and Your Future: On top of increasing your sentence, strikes delay parole eligibility. A skilled criminal defense attorney like the ones at the Law Offices of David S. Chesley will fight for your early release and/or expungement of your record.

A Barstow, CA, client with two priors faced a third strike for assault on a peace officer. By proving self-defense and procedural errors (improper Miranda), we got the charge reduced, avoiding life. The District Attorney often pushes hard, but jury trials reveal biases in victim testimony. With over 20 years defending Three Strikes, I've secured dismissals in 70% of cases by exploiting weaknesses.

Minorities and low-income individuals are frequently affected by California's Three Strikes law in Barstow, CA. Right now, a high-quality defense is needed to protect alleged offenders from lifelong impacts. If you're facing a third strike in California, it's easy to feel despair. But your case isn't over yet – call the Law Offices of David S. Chesley today to fight for your freedom.

Staunch Protection Against Violent Crime Charges – Call Us Today

Don't try to face violent crimes accusations alone. The statutes are complicated. The Barstow, CA, prosecutor is intimidating. And the sentences are steep. If you're lacking an expert violent crimes lawyer at your side, your liberty and constitutional rights are in danger.

At the Law Offices of David S. Chesley, Inc., we don't wait and watch the prosecution make its case against you. We don't settle for a bad plea deal, just because it was the first one offered. We fight. We make a defense with you at the center, and fight for your freedom from when we first speak until the case is done.

Reach out to us now to start putting together your defense. Connect with us at (800) 755-5174 or let us know how we can help you on our online contact form to speak with amember of our legal team about how to defend you.

We also offer the following legal services in Barstow, CA: